Database

Browse Database

TURKMENISTAN

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Art.3 of Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda). Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, it is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
Coverage Horizontal

TURKMENISTAN

Since March 2010, last amended in November 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
Art. 16 of the Law about Communications states that government, postal and courier communications, technical means and networks of telecommunications used for defence, national security, protection of the State border and law and order, as well as technical means of national television and radio broadcasting and the enterprises ensuring their operation and development, belong exclusively to State ownership.
Coverage Telecommunications sector

TÜRKIYE

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Türkiye does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TÜRKIYE

Since May 2007, as amended in July 2020

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
In July 2020, the Law on Regulating Broadcasting on the Internet and Fighting against Crimes Committed through Internet Broadcasting was amended. The amendment requires that providers of social network services in Türkiye with daily access to more than one million users should appoint at least one authorised person as a representative in Türkiye to ensure access to competent authorities. The social network provider should notify the Information and Communication Technologies Authority (BTK) of this person's identity and contact information. In addition, the representative has to be a Turkish citizen.
Coverage Social network providers

TÜRKIYE

Since November 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 6502 on Consumer Protection (6502 Tüketicinin Korunması Hakkında Kanun)
The Law on Consumer Protection provides a comprehensive consumer protection framework that also applies to online transactions. The general consumer protection law was updated in 2013 in order to be harmonised with the EU framework covering all consumer transactions.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Türkiye has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Türkiye has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Türkiye has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

TÜRKIYE

Since June 2013, as amended in March 2015, last amended in June 2020

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
According to Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions, e-money and e-payment services providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. However, the conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage E-payment and e-money services

TÜRKIYE

Since May 2007, as amended in March 2015, last amended in October 2022

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
Law No. 5651 on Regulating the Internet was amended in March 2015, broadening the scope of administrative blocking. As a result, Türkiye’s regulator may ban content to secure the protection of life and private property, protection of national security and public order, prevention of crimes, and protection of public health without a prior court order.
Coverage Internet intermediaries

TÜRKIYE

Reported in 2022, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
Türkiye has reportedly blocked more than 130 social networking and news sites over the years, including independent news sites such as Bianet.org and major social media platforms such as Facebook, Twitter, Instagram, WhatsApp, and Periscope, and online tools such as Google Docs, Translate, Books, Analytics, and DropBox. By November 2022, Tumblr was blocked after receiving orders from the Kuşadası Court of Peace due to “a violation of personal rights.” It is reported that more than 712,000 domains and 150,000 URLs were blocked as of December 2022. Nearly 500,000 of these blocks were carried out by BTK. Some 150,000 URLs were banned from access, in addition to 9,800 Twitter accounts, 55,500 tweets, 16,585 YouTube videos, 12,000 Facebook posts, and 11,150 Instagram posts.
Websites can be blocked for “obscenity” or if they are deemed defamatory to Islam. In December 2022, 918 websites were blocked for insulting the president, endangering national security, and promoting narcotics.
Following the February 2023 earthquakes, the government blocked Twitter for eight hours,. Also in February, access to a domestic social media platform, Ekşi Sözlük, was blocked. Independent news outlets are regularly blocked in the country, and in February 2023, blocking orders were issued against 340 URLs and websites, mainly belonging to Kurdish media outlets and literary publishers. The Etkin News Agency received its 50th blocking order in March 2023. Prominent news sites that remained blocked include Ahval News (blocked since 2018) and Haberdar (blocked since 2016). Furthermore, in March 2023, the Rize Court of Peace issued a blocking order against EngelliWeb, the platform where the İFÖD compiles access-blocking orders in Turkey.
Finally, it is reported that service websites like Uber, PayPal, and Booking.com are blocked in Turkey. A court imposed a blocking order against Uber in January 2023, citing “unfair competition.” In addition, the scooter-rental app and website Martı was also blocked in March 2023 following a complaint from the Taxi Drivers Chamber of Istanbul.
Coverage Websites, social media platforms and online tools

TÜRKIYE

Reported in 2023, last reported in 2024

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Türkiye for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Following the February 2023 earthquakes in Turkey, the government is reported to have implemented politically motivated internet blackouts.
Coverage Horizontal

TÜRKIYE

Since August 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet (Radyo, Televizyon ve İsteğe Bağlı Yayınların İnternet Ortamından Sunumu Hakkında Yönetmelik)
According to the Regulation on the Presentation of Radio, Television, and On-Demand Broadcasts on the Internet, all online radio, television, and on-demand streaming services, such as YouTube and Netflix, and online news sites, are required to obtain a license from the government-controlled state television and radio regulator, the Radio and Television Supreme Council (RTÜK). The regulation makes RTÜK responsible for monitoring their online content and requires content providers to abide by RTÜK’s standards or face revocation of their license and blocking their platforms.
Coverage Online Radio, Television and On-Demand streaming services
Sources

TÜRKIYE

Since November 2013

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Regulation on After-sale service (Satiş Sonrasi Hi̇zmetler Yönetmeli̇ği̇)
According to the Regulation on After-sale Service, products requiring after-sales services, such as advanced data processing equipment, office equipment and computers, cash registers, TV and video equipment, and wireless equipment, need an import permit from the Ministry of Trade. To obtain such a permit, importers must guarantee that they will provide service and spare parts either by establishing offices or by signing agreements with existing service/parts firms. Complaints have been raised by some companies in 2014 that a lack of transparency in Türkiye‘s import licensing system results in costly delays, demurrage charges, and other uncertainties that inhibit trade.
Coverage Digital products that require after sales services

TÜRKIYE

Since September 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 2019/4 on Import Surveillance (İthalatta Gözetim Uygulamasına İlişkin Tebliğ (Tebliğ No: 2019/4))
According to the Notification No. 2019/4 on Import Surveillance of September 2019, the Turkish Ministry of Trade imposed a licensing requirement on the imports of LED lamps.
Coverage Light-emitting diode (LED) lamps

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